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[No. 105, of Vol. lII.]
SECOND CONGRESS OF THR UNITED STATES,
AT THE FIRST SESSION,
Begun and held at the city of Philadelphia, in the State of Penn
sylvania, Monday the twenty-fourth of October, one
thouland seven hundred and ninety-one.
AN ACT for altering the times of holdi'ng the
Circuit Courts in certain diftridts of the United
States, and for other purposes.
Section x. it ena&ed by the Senate and Houfc of Rcpre-
X 3 fentatives of the United States of America in
Congrcfs afTemblcd, That from and after the pafling this a£l the
circuit courts in thediftri&s of North-Carolina and Georgia fhail
be held as follows, to wit : In the diftntt of North-Carolina on
the firfl day of June, and on the thirtieth day of November, it
Newbern in the pre Cent and each succeeding year. And all writs
and recogimances returnable and suits and other proceedings that
were continued to the cncuit court for the diftritt of North-Caro
lina on the eighteenth day of June next, fhail now be returned
and held continued to the fame court on the firi\ day of June next.
In the diflrift of Georgia, on the 25th day of April, at Savannah,
and on the eighth day of November at Augufla,in the pre Tent and
each succeeding year, except when any of thole days fhail happen
on a Sunday, in which cafe the court (hall be held on the Monday
following.
Sec. 2. And be it further cna&ed, That the fe (lions of the circuit
courts in the eastern circuit, fhail in the present and every succeed
ing year commence at the times follow ing, that is to fay, in New-
York diftrift on the fifth day of Apul, and the fifth day of Sep
tember. In Connecticut diitritl, on the twenty-fifth day of April
and rhe twenty-fifth day of September. In Massachusetts diftritf,
on the twelfth day of May and the twelfth day of O&ober. In
New-Hajmpfhire diftri&, 011 the twenty-iourth day of May and
the twenty-fourth day of October—and in Rhode-lfland diftri<fl
on the seventh day of June, and the seventh day of November,
except when any of those days fhail happen on a Sunday, and then
.the feflions (hall commence 011 the next day following. And the
felTioni of the circuit court fhail be held in the di(tri£t of Virginia,
at the city of Richmond only. In Vew-Hampihire diftrift, at
Portsmouth and Exeter alternately, beginning at the firft. In
Maffjchufctts diltrict, at Bolton. In Rhode-IHand diftrift, at
Newport and Providence alternately, beginning at the firft. In
Council cut diitr.fci, at li.itiiord and Ncw-Havcn alternately, be
ginning at the last. Aud in New-York, diftri&, at the city of
New-York onlv.
Sec. 3. And be it enacted, That at each session of the supreme
court of ihe United States, or as toon after as mav l>e, the judges
of the lupreme court attending at such fefiion (hall in writing
fubfcribcd with their names (which writing (hall be lodged with
the clei k of the supreme court and fately kept in his office) alligii
to the laid judges refpcftively the circuits which they arc to attend
at the eiifuiug fefLons of the circuit courts; which alignment
/hall he made in such manner that no judge, unlefsby n»s own eon
fent, fhail h«>ve attained to him any circuit which he hatli already
attended mini the lame hath been afterwards attended by every
other of the said judges. Piovided always, That if the public
fei vice or the couvtnience of the judge* thall at anytime, in their
opinion, require a different arrangement, the fame may take
place with the coufent of any four ot the judges ot the supreme
court.
Sf c. 4. And be it further rnafted, That the diftrift conrt for
the ditiriffcof Maine, which, by the ast, intituled "An ast to ef
tahliih the judicial courts of the United Slates," is holden on the
firlt 1 uefday of June, annuallv, at Portland, shall, from and after
the palling of this ast, be holden on the third Tuesday of June, an
nually, any thing in the ast aforefaid to the contrary not with •
itanding : and all writs and recognizances returnable, and suits
and other proceedings, were continued to the diflrift couit
for the dift rift of Maine on the fit ft Tuesday of June next, fhail
now he returnable and held continued to the fame court, 011 the
third Tuesday of June next.
Sec. 5. And be it further enaftcd, That the Hated diftrift
courts for the diftr'.ft of North-Carolina, shall in future, be held
at »ne towns of Newbcrn, Wilmington and EJeuton in rotation,
beginning at Newbern, as the laid court now stands adjourned.
JONATHAN TRUMBULL, Spgakcr
oj the Houje oj Reprejent tires.
JOHN ADAMS, Vice-Prsjidevt of the United. States,
and Piejident oj the Senate.
APPROVED APRIL THE THIRTEENTH, 1792.
GEORGE WASHINGTON,
President of the United States.
AN ACT, concerning Consuls and Vice-Consuls,
for carrying into full effecft the Convenrion
between the King of the French and the United
States of America, entered jnto for the purpose
of defining and eltablifhing the functions and
privileges of their refpe<sHve Consuls an-d Vice-
Consuls.
T> Eit enacted by the Senate and Hou r e of Representative
°[ the united States of America in Cono;rcf3 afTembled,
.Tnat where, in the seventh article of the said convention, it
is agreed that when there lhaU be no consul or vice-corn ui o:*
tie King of the French, to attend to the f&viiig of the wreck
ot any French veifels ifcranded on the coasts of the United
titer, or that the residence of the said consul or vice-consul
(he not be in: at the place of the wreck) ihall be more distant
I,n the 'aid place than that of the competent judge of the
country, the latter fha'.l immediately proceed to perform th_*
o nee t :erein prescribed; the diftrift jud *e of the United
State *of tie diiiri-it la wlu.'j the wre . k (hall happen, ftull
Saturday, April 28, 1792.
proceed therein, according to the tenor of the said article
And in (uch cales it (hall he the dutv of the officers of the cuf
toms within whose diftrifts such wrecks (hall happen, to give
notice thereof, as soon as may be, to the said jud»e, and to
aid and aflift him to perform the duties hereby affiled to him
The diftriA judges of the United States (hall aifo, within their
re peotave diilricts, be the competent judges, for the purposes
cxprefied in the ninth article of the (aid convention, aud it
Hull be incumbent on them to give aid to the consuls and vice
coniuls of the King of the French, in arresting and securing
deserters iro.n vefleis ot the French nation, according to the
tenor of the said article.
And where, by any article of the said convention, the con
and vice-consuls of the King of the French, are entitled to
the aid of the competent executive officers of the countrv, in
the execution of any precept, the marihals of the United
States, and their deputies, ihall, within their refpeftive dif
trifts, be the competent oHkers, and ihall give their aid ac
cording to the tenor of the ilipulations.
And whenever commitments to the jails of the country ihall
become neceiTary in pursuance of any ilipulation of the said
convention, they ihall be to such jails within the respective
diftrifts as other commitments under the authority of the
United States are by law made.
And for the direction of tlie consuls and vice-consuls of the
United States, in certain cases,
Be it ena&ed by the authority afore said, That they fliall
have right in the ports or places to which they are or may be
severally appointed, of receiving thfe protcfts or declarations,
which such captains, masters, crews, paflengers and merchants,
as are citizens of the United States, may refpe&ively chufe to
make there; and also such as any foreigner may chufe to make
before them relative to tlie personal interest of any citizens of
the United States ; and the copies of the said a<sfcs duly authen
ticated by the said consuls or vice-consuls, under the seal of
their confulales respectively, ihall receive faith in law, equal
ly as their originals would in all courts in the United States.
It fliall be their duty where the laws of the country permit, to
take poflfeffidn of the personal estate left l>y any citizen of tlx?
United States, other than teamen belonging to any ftiip or ves
sel who ihall die within their consulate; leaving there no legal
representative, partner in trade, or trustee by him appointed
to take care of his effects, they ihall inventory the fame with
the aififtance of two merchants of the United States, or for
want of them, of any others at tteir choice; fliall collect the
debts due to the deceased in the country where lie died, and
pay the debts due from his estate which lie £ha:l have there
contracted; fliall fell at au&ion, after reasonable public no
tice, such part of the estate as ihall be of a-periihable nature,
and such further part, if any, as fliall be necelfarv for the pay
ment of his debts, and at the expiration of one year from his
deceaie, the residue; and the balance of the estate they shall
tranOnit to the treasury of the United Stater, to be hoklen in
trust for the legal claimants. But if at any time before such
tranfmimon, the legal representative of the decealed fliail ap
pear and demand his effects in their hands, they shall deliver
them up, being paid their fees, and fliall cease their pro
ceeding-.
For the information of the representative of the deceased,
it ftiall be the duty of the consul or vice-consul, authorized to
proceed as aforefaid in the settlement of his estate, immedi
ately to notify his death in one of the gazettes publiflied in the
consulate, and alio to the Secretary of State, that the fame
may be notified in the state to which the deceased ftiall belong;
and he shall also, as soon as may be, transmit to the Secretary
of State an inventory of the efiiefts of the deceased, taken as
before directed.
And be it further enacted, That the said consuls and vice
con%ls, in cases where ftiips or velTels of the United States
ftiall be stranded on the coasts of their consulates refpeftively,
ftiall, as far as the laws of the country will permit, take pro
per measures, as well for the purpose of saving the said ftiips or
veil'els, their cargoes and appurtenances, as for ltoring an 4 se
curing the effects and merchandize saved, and for taking an in
ventory or inventories thereof; and the merchandize and ef
fects saved, with the inventory or inventories thereof, taken
a? aforefaid, lhall, after deducing therefrom the expense, be
delivered to the owner or owners. Provided, That no consul
or vice-consul ftiall have authority to take pofiefiion of any
such goods, wares, merchandise or other property, when the
master, owner or consignee thereof is present, or capable of
taking pofTeftion of the fame.
yVd be it further enacted, That it ftiall and may be lawful
for consul and vice consul of the United States, to take
and receive the following fees of office for the fer vices which
he shall have performed.
For authenticating under the consular seal, every protest,
declaration, deposition, or other ast, which such captains, raaf
ters, mariners, feainen, paflengers, merchants or others as are
citizens of the United States may refpeftively chufe to make,
the sum of two dollar?.
For the taking into possession, inventorying felling and fi
nally fettling and paying, or transmitting as the ba
lance due on the personal estate left by any citizen of tie U
nited States who (hall die within the limits of his confuiate,
five pe" centum on the gross amount of such estate.
For taking into possession and otherwise proceeding on any
such estate which Jhall be delivered over to the le~ol represent
ative before a final settlement of the fame, as is herein before
directed, two and an hajf per centum on such part delivered
over as shall not be in money, and five per centum on the gross
amount cf the residue.
And it /hall be tie duty of the consul; and vice-confu's c,
the United States, to give receipts for all fees which they (hall
receive by virtue of this act, expressing the particular services
for which they are paid.
And be it further enacted, That in cafe it be found necefTa
ry for the interest of the United States, that a consul or con
fute be appointed to refute on the coast of Barbary, the Preh
dent be authorised to allow an annual falarv, not exceeding
two tlioufand dollars to each person so to be appointed : Pro
vided, That such salary be not allowed to more than one con
sul for any one of the states on the said coast-
417
£ £
[Whole No. 515.]
r u Thaterery corifu! ?.nd : r?-c: n
lui lhail, before they enter on the execution of t'.,eir trusts, or
alrea dv 1,1 the execution of the fame, within one v l ir f ron i
the parting of this ast, or if resident ft. Af;a, wit: in rv.-o vear,.
give bond with such furetics a- (ha'l be approved l.y the S». re
tary ot State, in a ium of not lef* titan two tliouf'and nor more
5 | j. ten t^ dollars, conditioned for the true and faith
ill di(charge of the daties of hi", ortice according to ]?.w, and
alio tor truly accounting for all monies, floods ar.d effect?
which may come into his pofTedion by virtue of this art : an' 1
the (aid bond (hall be lodged in the office of the Secret?.-y of
the Treafurv.
And be it further enacted, That to prevent the mariners'
and seamen, employed in veifels belonging to the citizens of
t le United States, in caies of shipwreck, sickness or captivity,
from differing in foreign ports, it ihall be the duty of the con
ims and vice-consuls respectively, from time to time to pro
vide lor them in the mofl: reasonable manner, at the experifb
oi t.ie United States, fubjedl to such inftru&ions as the Secre
tary of State fliall give r and not exceeding an allowance of
twelve cents to a man per diem ; and all mailers arid com
manders of vcllels belonging to citizens of the United Stater,
and bound to some port of the fame, are hereby required and
enjoined to take such mariners or seamen on beard cf their
ships or veifels, at the request of the fijid confu's or vice-con
fuh rsfpe&ively, and to transport them to the port in the Unit
ed otates to which such ships or veflels may be bound, free of
cost or charge ; but that the said mariners or seamen ihall, if
able, be bound to do duty on board such ships or vefiels accord
ing to their several abilities : Provided, Thr.t no master or
captain of any fliip or veile!, ihall be obliged to take a great
er number thin two men tb every one hundred tons burrhen
of the said ship or vellel, on any one voyage : and if a"y irich
captain or master fliall refufe the fame on the request or ord. r
of the consul or vice-consul, such captain or master (hall foi
feit and pay the sum of thirty dollars for each mariner or iea
man so refuied, to be recovered for the benefit of the TT :iited
States by the said confiii or vice-consul in his own name, in any
court of competent jurHdiftion.
And be it further enacted, That where a ship or vesT •' be
longing to citizens of the United States is fold in a foreign port
or place, the master, unless the crew aje liab'e by t cir cor
tracl or do consent to be there, fha- 1 fend them c k
to the state where they entered on board, or furaifh them v ith
means fufficient for their return, to be afcertamed by the con
sul or vice-consul oi the United States, having juriffiiftion of
the port or place. And in cafe of the masters refufal, the said
consul or vice consul may (if the laws of the land permit it)
cau r e his ship, goods and person to be arretted and held ur.til
he fliall comply with his duty herein.
And be it further enacted, That the fpecifrcation of certain
powers and duties in this ast, to be exercised or performed by
the consuls of the United States, ftiall not be construed to the
exclusion of others resulting from the nature of their appoint
ments, or any treaty or convention under which they may act.
JONATHAN TRUMBULL, Speaker
of the HovfeoJ Reprcfentatiies.
JOHN ADAMS. Vice-Prejident cj the United States,
and Prefidcnt oj the Senate.
APTROVED APRIL THE FOURTEENTH, 1792.
FROM THE COLUMBIAN HERALD,
Printed in Charleston (S. C.)
AFTER a neglect of upwards of four years, the scheme for
cutting a canal between the Santee and Cooper Rivers,
has been lately resumed; as this scheme will in its confeqHen
ces prove extremely important to the citizens of this slate, I
trust a few reflections on this head will not be thought either
idle or useless.
This fubjeft, on confideratior, natnrally divides it r elf into
two branches. Utility to the public in general, and to the
proprietors in particular.
To be convinced of it? utility to the public, we have only
to infpeft: the map of theCarolinas and the adjacent countries.
The produce of the lands (both in North and South-Careiina)
bordering on Saluda, Enoree, Tyger, Pacolet and Broad Ri
vers, together with those on the Wateree, and the dbTerent
branches on the Catawba, and all the other lcfler rivers and
creeks which have a communication with the Santee, must ne
cefl'arily come to market by this canal; for M ere the boats to
go round by Bull's Bay, (letting aside its dangers, though a
place almost equal to the Sylla and Charibdis of the ancients)
they must add upwards of fourteen days to their journey.—
And is it conceivable that they would refufe to avoid ail this,
when they might do it for the price of a trifling toll on each
boat that pafied through the canal? I fay trifling, for though
25 per cent, is an immense sum to receive as interest, it will
be a very small one when divided into the very large number
of boats which must inevitably pass through it; it will not a
mount to the hundredth part of the sum loft, during the four
teen days delay, by the wages of the hands, the interest of the
amount of the cargo, and the various other lofies they would
sustain
The confluence of the easiness of tranfportingucrops tq
market, would be an amazing increase of population and fetr
tleraents in the back country of this itate, and of N. Cafolia*.
Articles of produce, provifious, tobacco, ikins, &c. &c. wouM
be at almaft one half their (M'efent price; and Charle&gn, from
one of the dearest, would speedily become one of the theapeft
place; upon the continent of America.
If we look forwards a few years, to the time whoa the po
population of the country (which I have already 4hewn this
canal will coatribute not a little to haflen) will be greater, we
mav reasonably hope far a communication with the we/lern
country, by means of the Cherokee or fame other of thaje nu
numerous large rivers which form a junvtion with the Ohio;
that fucli a communication would render Charleston the fu ft
city ia the United States, is too-clear to a4mit of a doubt.—
We may therefore expe& ? that every citizen'of Carol::.!
GEORGE WASHINGTON,
Prejxdent oj the United States.